Ronald L. Heidrick - Page 11




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          the extent it may create inferences regarding the existence of a            
          profit motive in the earlier years.”  Hillman v. Commissioner,              
          T.C. Memo. 1999-255 (citing Hoyle v. Commissioner, T.C. Memo.               
          1994-592).  “[A]ctual profits or losses in those and subsequent             
          years have probative, although not determinative, significance in           
          such evaluation.”  Smith v. Commissioner, T.C. Memo. 1993-140.              
               The fact that the taxpayer carries on an activity in a                 
          businesslike manner and maintains complete and accurate books and           
          records may indicate that the activity is engaged in for profit.            
          Sec. 1.183-2(b)(1), Income Tax Regs.  Other indicia of a profit             
          objective include carrying on an activity in a manner                       
          substantially similar to other activities of the same nature that           
          are profitable, changing operating methods, adopting new                    
          techniques, or abandoning unprofitable methods in a manner                  
          consistent with an intent to improve profitability.  Id.                    
               Gold mining and other similar speculative activities are               
          different from most other business activities because they                  
          generally produce no significant income until a find is made, and           
          then the income is earned in one lump sum.  In Harrison v.                  
          Commissioner, T.C. Memo. 1996-509, this Court found that a                  
          taxpayer’s contemporaneous handwritten lists of expenses were               
          sufficient records of his gold mining and treasure salvaging                









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